PennEast announced Thursday that it will ask the U.S. Supreme Court to review a federal appeals court ruling that it could not use eminent domain to acquire state-owned land for its proposed natural gas pipeline.

The U.S. Court of Appeals for the Third Circuit in September cited the Eleventh Amendment in determining that PennEast cannot use eminent domain on state land under the legal doctrine of sovereign immunity, which exempts New Jersey from condemnation lawsuits initiated by private parties like PennEast.

This decision reversed a district court ruling that had granted PennEast the authority to take approximately 40 parcels previously acquired by the state for agricultural and conservation purposes.

The PennEast Pipeline is a proposed 120-mile, 36-inch diameter underground pipeline that would originate in Pennsylvania, traverse through western Hunterdon County, and end in Mercer County.

“No interstate pipeline nationwide of any significant length can be built without crossing land where a state claims an interest. State governments, just like other landowners, should not be allowed to disrupt or veto vital energy infrastructure that expert federal regulators have found to be in the public interest,” Cox said.

PennEast in October also requested an “authoritative interpretation” of the eminent domain authority issued to certificate holders under the Natural Gas Act from the Federal Energy Regulatory Commission, which approved the current proposed route for the pipeline.

Campaign director for ReThink Energy NJ and NJ Conservation Foundation Tom Gilbert said he was not surprised by PennEast’s decision.

“(PennEast) and its owner companies stand to make a huge profit at the expense of New Jersey’s utility customers," Gilbert said. “They continue to overlook the elephant in the room -- natural gas is on its way out, and our our state’s preserved lands shouldn’t be destroyed for an unneeded, polluting and soon to be obsolete pipeline."

Cox, through a statement, said that demand for natural gas “continues to grow.”

The Office of the state Attorney General declined to comment on PennEast’s announcement.

PennEast intends to file its request for review by the Supreme Court by its early February deadline.